Automotive Industry Workers vs Romulo GR No 157509 18 January 2005

Facts: Executive Order No. 292 was issued whereby the National Labor Relations Commission became an agency attached to
the Department of Labor and Employment for policy and program coordination and for administrative supervision. On 02
March 1989, Article 213 of the Labor Code was expressly amended by Republic Act No. 6715 declaring that the NLRC was to be
attached to the DOLE for program and policy coordination only while the administrative supervision was turned over to the
NLRC Chairman. Executive Order No. 185 dated 10 March 2003 supervision of NLRC reverted to the Sec. of Labor and
Employment. Petitioners, composed of ten labor unions assailed the constitutionality of EO 185 for allegedly revert the set-up
prior to RA 6715 which only Congress can do. Solicitor General contend that petitioners have no locus standi to assail the
validity of E.O. No. 185, not even in their capacity as taxpayers, considering that labor unions are exempt from paying taxes,
citing Sec. 30 of the Tax Reform Act of 1997. Even assuming that their individual members are taxpayers, respondents maintain
that a taxpayer suit will not prosper as E.O. No. 185 does not require additional appropriation for its implementation.

Issue: Whether or not the ten labour unions have legal standing to assail the constitutionality of EO 185?

Decision: Petition dismissed for lack of merit. For a citizen to have standing, he must establish that he has suffered some actual
or threatened injury as a result of the allegedly illegal conduct of the government; the injury is fairly traceable to the challenged
action; and the injury is likely to be redressed by a favorable action. Petitioners have not shown that they have sustained or are
in danger of sustaining any personal injury attributable to the enactment of E.O. No. 185. As labor unions it cannot be said that
E.O. No. 185 will prejudice their rights and interests considering that the scope of the authority conferred upon the Secretary of
Labor does not extend to the power to review, reverse, revise or modify the decisions of the NLRC in the exercise of its quasi-
judicial functions.